Appeal DUI Conviction – Virginia Lawyers

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Appeal DUI Conviction In Virginia

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Methuen v. Commonwealth

Facts:

The commonwealth filed information against defendant based on an abstract showing three convictions. Two of the convictions were for DUI and one was for driving on a revoked license. At the show cause hearing, defendant contested the effect of the North Carolina record for DUI. The trial court found that the North Carolina offense did not amount to a conviction and dismissed the information because the two remaining convictions were not a sufficient basis for adjudication under the Habitual Offender Act. On appeal, the court reversed, finding that under North Carolina law, the forfeiture of bail was equivalent to a conviction. As such, defendant’s North Carolina bond forfeiture was required to be counted for purposes of determining his habitual offender status.

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Holdings:

The Virginia Court made the following holding:

For the purposes of determining who is an habitual offender, the Virginia Habitual Offender Act, Va. Code Ann. § 46.1-387.2(c), expressly includes offenses committed under the laws of sister states which substantially conform to specified Virginia statutes.

The forfeiture of collateral on a driving under the influence charge is equivalent to a conviction for the purpose of mandatory administrative suspension of an operator’s license. N.C. Gen. Stat. § 20-24(c) provides that for the purpose of that article, the term “conviction” shall mean a final conviction. Also, for the purposes of the article, a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture had not been vacated, shall be equivalent to a conviction.

Appeal DUI Conviction In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.